Law of Bangladesh
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Bangladesh is a
During periods of
There are no
According to the World Justice Project, Bangladesh ranked 103rd out of 113 countries in an index of the rule of law in 2016.[2]
Fundamental rights in Bangladesh
Part III of the Constitution of Bangladesh includes the articles of fundamental rights.[3]
- Laws inconsistent with fundamental rights to be void (Article-26)
- Equality before law(Article-27)
- Discrimination on grounds of religion, etc. (Article-28)
- Equality of opportunity in public employment (Article-29)
- Prohibition of foreign titles, etc. (Article-30)
- Right to protection of law(Article-31)
- Protection of personal liberty(Article-32)
- Safeguards as to arrest and detention (Article-33)
- Prohibition of forced labour (Article-34)
- Protection in respect of trial and punishment (Article-35)
- Freedom of movement (Article-36)
- Freedom of assembly (Article-37)
- Freedom of association (Article-38)
- Freedom of thought and conscience, and of speech (Article-39)
- Freedom of profession or occupation (Article-40)
- Freedom of religion (Article-41)
- Rights of property(Article-42)
- Protection of home and correspondence (Article-43)
- Enforcement of fundamental rights (Article-44)
- Modification of rights in respect of disciplinary law (Article-45)
- Power to provide indemnity (Article-46)
- Saving for certain laws (Article-47)
- Inapplicability of certain articles (Article-47A)
Case law
Bangladeshi courts have provided vital judicial precedent in areas like constitutional law, such as in Bangladesh Italian Marble Works Ltd. v. Government of Bangladesh, which declared martial law illegal. The judgement of Secretary, Ministry of Finance v Masdar Hossain asserted the separation of powers and judicial independence.
In Aruna Sen v. Government of Bangladesh, the Supreme Court set a precedent against
The doctrine of
Codification and language
The Bangladesh Code has been published since 1977. Most of its laws, dating between 1836 and 1987, are in English. Following a government circular in 1987, the code has been published primarily in Bengali. The language of the Supreme Court and High Court is English. However, most magistrates courts and district courts use Bengali. The lack of a uniform language has been a cause of concern, with arguments in favor of both English and Bengali. The country's financial sector depends on English, whereas cultural nationalists prefer Bengali.
Freedom of information
The Right to Information Act 2009 passed by the Jatiyo Sangshad was hailed as a major reform. The law allows information requests to most government departments, except the military. Hence, security agreements with foreign countries are not under its purview.
As of 2016, 76,043 requests have been made to the
Criminal law
The main criminal laws are
Company law
Bangladesh's
Contract law
Bangladeshi contract law is based on the Contract Act 1872 and the Sale of Goods Act 1930.
According to the World Bank's 2016 ease of doing business index, Bangladesh ranks 189th in enforcing contracts.[9]
Religious law
Tax law
The Customs Act 1969 is the basis of
The Municipal Taxation Act 1881 governs municipal taxes.[15]
Labour law
The Bangladesh Labour Act 2006 was amended with the Bangladesh Labour (Amendment) Bill, 2013 to improve
Property law
The constitution guarantees the right to
Intellectual property law
The
Judiciary
The general hierarchy includes both civil and criminal courts. At the top hierarchy is the Supreme Court of Bangladesh.
Judicial review
Alternative dispute resolution
The Bangladesh International Arbitration Center is the sole court of commercial arbitration in the country. It is the country's first center for alternative dispute resolution.
Legal profession
A Bangladeshi lawyer is termed an advocate when he or she enters the Bar. Law students can train abroad, including as barristers in the United Kingdom; as well as in other countries; and return to enroll as advocates in the Bangladeshi bar.
The Bangladesh Bar Council and the Bangladesh Supreme Court Bar Association are the leading lawyers' societies in the country. Many of Asia's leading lawyers. such as former Amnesty International chief Irene Khan, have been Bangladeshi.
See also
- Human rights in Bangladesh
- List of acts of the Jatiya Sangsad
- List of ordinances issued in Bangladesh
- Executive Magistrate of Bangladesh
References
- ^ "A Research Guide to the Legal System of the People's Republic of Bangladesh - GlobaLex". Nyulawglobal.org. Retrieved 2017-07-11.
- ^ "World Justice Project Rule of Law Index 2016" (PDF). World Justice Project.
- ^ "Constitution of the People’s Republic of Bangladesh". Bdlaws.minlaw.gov.bd. Retrieved 2017-07-11.
- ^ "111. Binding effect of Supreme Court judgments". Bdlaws.minlaw.gov.bd. Retrieved 2017-07-11.
- ^ "People's right to information". The Daily Star. 29 September 2016. Retrieved 2017-07-11.
- ^ "Penal Laws". Banglapedia. 2015-02-16. Retrieved 2017-07-11.
- ^ "New anti-terror law passed". bdnews24.com.
- ^ "Company Law". Banglapedia. 2014-09-09. Retrieved 2017-07-11.
- ^ "Ranking of economies - Doing Business - World Bank Group". Doing Business. Retrieved 2017-07-11.
- ^ "Personal laws in Bangladesh: require enactment and amendment". The Daily Observer. 2015-07-09. Retrieved 2017-07-11.
- ^ "Christian Marriage Act, 1872 (Act No. XV of 1872)". Bdlaws.minlaw.gov.bd. Retrieved 2017-07-11.
- ^ "Act No. IV OF 1969" (PDF). National Board of Revenue.
- ^ "Income-tax Ordinance, 1984 (Ordinance No. XXXVI of 1984)". Bdlaws.minlaw.gov.bd. Retrieved 2017-07-11.
- ^ "The Value Added Tax and Supplementary Duty Act, 2012" (PDF). National Board of Revenue.
- ^ "Municipal Taxation Act, 1881 (Act No. XI of 1881)". Bdlaws.minlaw.gov.bd. Retrieved 2017-07-11.
- ^ Asif Showkat Kallol (2017-04-24). "Govt to now allow trade unions in EPZ factories". Dhaka Tribune. Retrieved 2017-07-11.
- ^ "Economic Policy Paper on Copyright, Trademark and Patent Protection" (PDF). Archived from the original (PDF) on 2014-07-02. Retrieved 2017-07-08.
- ^ "Bangladesh: IP Laws and Treaties". Wipo.int. Retrieved 2017-07-11.
External links
- http://bdlaws.minlaw.gov.bd/
- http://www.minlaw.gov.bd/
- http://lexintell.com/
- https://legislib.com/
- http://resource.ogrlegal.com
- http://www.sfconsultingbd.com
- https://web.archive.org/web/20151005204131/http://supremecourt.gov.bd/nweb/
- https://web.archive.org/web/20150925020657/http://bdcourts.gov.bd/